Caseflow Management Plan

Revised: August 19, 2019

Northeast Judicial District

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Committee Members ________________________________________________________________ 3

Northeast Caseflow Management Plan _________________________________________________ 3

Case Management Plan Goals and Objectives ____________________________________________ 3

General Procedures _________________________________________________________________ 4

Judicial Assignment to Counties _____________________________________________________________ 4

Current assignments and Presiding Judge order: ________________________________________________ 4

Scheduling Master and Individual Calendar ____________________________________________________ 4

Session Creation __________________________________________________________________________________ 4

Master Calendar __________________________________________________________________________________ 4

Master Calendar Assignment and Scheduling by judge/county ___________________________________________ 5

Criminal _______________________________________________________________________________________ 5

Civil __________________________________________________________________________________________ 5

Juvenile _______________________________________________________________________________________ 5

Probate _______________________________________________________________________________________ 5

Individual Calendars – Court Recorders/Reporters _______________________________________________________ 5

Criminal _______________________________________________________________________________________ 6

Civil __________________________________________________________________________________________ 6

Juvenile _______________________________________________________________________________________ 6

Probate _______________________________________________________________________________________ 6

Secondary Judge Assignments ______________________________________________________________ 6

Case Management Responsibilities and Duties _________________________________________________ 6

Media __________________________________________________________________________________ 7

Technology – Teleconferences and Interactive Television ________________________________________ 7

Criminal Procedure __________________________________________________________________ 7

Judicial Assignment _______________________________________________________________________ 7

Civil Procedure _____________________________________________________________________ 7

Judicial Assignment _______________________________________________________________________ 7

Rule 16 Hearings _________________________________________________________________________ 8

Rule 8.3 ________________________________________________________________________________ 8

Probate Procedure __________________________________________________________________ 8

Informal Probate _________________________________________________________________________ 8

Juvenile Procedure __________________________________________________________________ 8

Jury Management Procedure __________________________________________________________ 8

Appendix A – Local Rule 1 & 2 ________________________________________________________ 10

Appendix B – Odyssey Session Creation Practice by County ________________________________ 12

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Appendix C – Individual Calendar Scheduling by County (Includes Case Assignment Information for

Benson and Ramsey County) _________________________________________________________ 14

Appendix D – Demand for Change of Judge Assignment ___________________________________ 26

Appendix E – Order Regarding Expanded Media Coverage _________________________________ 27

Appendix F – ITV Consent Form _______________________________________________________ 29

Appendix G – Memo of Presiding Judge ________________________________________________ 30

Appendix H –Delegation of Duties to Clerk of Court – Jury Selection Procedure ________________ 31

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Committee Members Honorable Laurie Fontaine, NEJD Presiding Judge, Chair

Honorable Donovan Foughty, NEJD District Judge

Tina Powell, Clerk of District Court

Kay Braget, Clerk of District Court

Tracy Davis, Clerk of District Court

Shawn Peterson, Unit 1 Director of Juvenile Court Services

Missy Morden, Electronic Court Recorder

Scott Johnson, Court Administrator

Kelly Hutton, Assistant Court Administrator

Northeast Caseflow Management Plan The following caseflow management plan and policies are adopted to efficiently manage and distribute

the judicial case load in the Northeast Judicial District. Cases in the Northeast Judicial District will be

processed and disposed of in a manner consistent with the goals, objectives, procedures and forms of the

master and individual calendar policy set forth in this document. Continuances in court hearings cause

delay in disposition of cases. It is the goal of the Northeast Judicial District to limit continuances that

delay disposition of cases except for a showing of good cause. Nothing contained in this plan will

supersede or conflict with any statutes or policies, Rules of Court that now exist or are hereinafter

adopted by the North Dakota Supreme Court.

Case Management Plan Goals and Objectives The goals of the Northeast Judicial District Case Management Plan are to:

1) Manage the judicial caseload as efficiently as possible in meeting the case disposition timing

objectives.

2) Maintain a system of regular judicial attendance in each county in a fair and equitable manner.

3) Develop judicial schedules that are divided into master and individual calendars based on

volume and need.

4) Promote and maintain uniform procedures and forms Unit-wide as appropriate.

The objectives of case management policy are to:

1) Identify cases where judicial continuity is not essential and the amount of judicial time involved

is relatively short, assigning those cases to a master calendar. The management of the master

calendar is the responsibility of the clerk of district court in consultation with the Presiding Judge

and unit court administrator.

2) Identify cases where judicial continuity is essential. The management and disposition of

individually assigned cases is the responsibility of the assigned judge.

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3) Develop Unit wide procedures and forms as appropriate that are easily understandable by

litigants.

General Procedures

Judicial Assignment to Counties Judges will be assigned primary and secondary duties pursuant to. Northeast Judicial District Local

Rule 1.–See Appendix A.

Current assignments and Presiding Judge order:

County Primary Judge Secondary Judge

Benson

Judge Foughty (Judgeship #4) OR

Judge Olson(Judgeship #1)

(Master Calendar Judge for Month)

Judge Foughty (Judgeship #4) OR

Judge Olson(Judgeship #1)

(Non-Master Calendar Judge for Month)

Bottineau Judge Benson(Judgeship #3) Judge Hurly(Judgeship #7)

Cavalier Judge Fontaine (Judgeship #5) Judge Whelan (Judgeship #6)

McHenry Judge Hurly (Judgeship #7) Judge Benson(Judgeship #3)

Pembina Judge Fontaine (Judgeship #5) Judge Whelan (Judgeship #6)

Pierce Judge Hurly (Judgeship #7) Judge Benson(Judgeship #3)

Ramsey

Judge Foughty (Judgeship #4) OR

Judge Olson(Judgeship #1)

(Master Calendar Judge for Month)

Judge Foughty (Judgeship #4) OR

Judge Olson(Judgeship #1)

(Non-Master Calendar Judge for Month)

Renville Judge Benson (Judgeship #3) Judge Hurly(Judgeship #7)

Rolette Judge Benson(Judgeship #3) Judge Hurly(Judgeship #7)

Towner Judge Hurly (Judgeship #7) Judge Hurly (Judgeship #7)

Walsh Judge Whelan(Judgeship #6) Judge Fontaine (Judgeship #5)

Scheduling Master and Individual Calendar

Session Creation

Current Practices – See Appendix B.

Master Calendar

Clerks will primarily be responsible for calendaring and entry in Odyssey for master calendar days

which generally include the cases as outlined below. Specific master calendar events listed by county

are located in Appendix C as some variances may exist.

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Master Calendar Assignment and Scheduling by judge/county

Bottineau/Renville/Rolette: Judge Benson

1. Bottineau – Every Tuesday (future -- perhaps some Fridays)

2. Rolette – Every Monday

3. Renville – One “non-set” day per month. Scheduled as required.

McHenry/Pierce/Towner: Judge Hurly

1. Pierce – Every Monday

2. McHenry - 1st, 3rd and 4th Tuesday

3. Towner – 2nd Tuesday of the month

Benson and Ramsey: Judges Olson and Foughty

1. Benson – 2nd and 4th Mondays

2. Ramsey - Every Monday Morning, Juvenile Court – 1st Wednesday of the – month All Day,

2nd & 4th Wednesdays – Mornings Only.

Cavalier/Pembina: Judge Fontaine

1. Cavalier - Two Monday’s per month (on alternating weeks)

2. Pembina – Two Tuesdays per month (on alternating weeks)

Walsh: Judge Whalen is only assigned to Walsh County and they have master calendar

scheduled for each Monday of the month.

Criminal

Orders to Show Cause

Initial Appearances/Arraignments

Initial Appearance on Extraditions

Administrative Traffic

Civil

Name Change

Small Claims

Juvenile

Juvenile Applications – send directly to a judge

Probate

Uncontested Guardianship/Conservatorship Matters

Uncontested Formal Probate Procedures

The master calendar judge in each county will be responsible for signing routine paperwork. If a master

calendar judge is unavailable, the papers may be forwarded to the secondary judge. Documents that are

received by the clerk should be held for the master calendar judge’s signature if it would not unduly

delay the process, or routed to the secondary judge serving that county. If the secondary judge is

unavailable, forward documents to the Presiding Judge. The clerk in each county should work with their

primary judge to determine a procedure to process documents received by the clerk.

Individual Calendars – Court Recorders/Reporters

Judges will calendar for individual calendar days which generally include the cases as outlined below.

Specific individual calendar events listed by county are located in Appendix C as some variances may

exist.

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Criminal

Pretrial and Motion Hearings

Settlement Conference

Guilty Plea

Court/Jury Trial

Revocation Hearing (admit/deny/disposition)

Other Post-Sentence Hearings (felony only)

Rule 35 Proceedings (enter order only)

Civil

Motion Hearings

Summary Judgment Hearings

Rule 16 Scheduling Conferences

Pretrial Conferences

Default Hearings

Interim Orders in Divorce Matters

Court Trial

Jury Trial

Civil Commitments for Sexually Dangerous Individuals

Contested Adoptions

Post-Conviction Relief

Juvenile

All Juvenile Matters

Probate

Contested Probate Matters

Contested Guardianship/Conservatorship Matters

Secondary Judge Assignments 1) If a demand for change of judge is filed, all cases with the exception of non-criminal traffic

offense cases are submitted to the Presiding Judge for assignment. The non-criminal traffic

cases will automatically be transferred to the secondary judge in the service area (secondary

judge is the non-master judge in Benson and Ramsey Counties). Please see Appendix D for an

order relating to this practice.

2) If a recusal is filed by a judge, the case should be referred to the Presiding Judge.

Case Management Responsibilities and Duties 1) It is the joint responsibility of the clerk of court, judge and juvenile court officers to implement

proper case management of which docket currency is an integral part.

2) Odyssey should, at all times, reflect pending activity or have a future time standard entered.

Timely entry of events is required for each case.

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3) Clerks are expected to manage the overdue case listing each month and correct any issues. This

will allow the assigned judge to review the file and take the appropriate action to bring the case

into compliance with the time standards established in Administrative Rule 12 and report any

cases pursuant to policy 507.

Media 1. Administrative Rule 21 is followed.

2. Order form located in Appendix E.

Technology – Teleconferences and Interactive Television

1) Use of Teleconferences

a. Applicable Rules:

i. Civil: Reference Rule 43 of the NDRCivP

ii. Criminal: Rule 26 of the NDRCrimP (refers to a case, State v. Lemons, 2004 ND

44, 675 N.W.2d, where telephone testimony was not allowed because a party

objected to it.)

2) Use of Interactive Television/Interactive Video Network

a. Administrative Rule 52 – Interactive Television:

b. Section 4. Criminal Action (B)(2) and Section 5. Mental Health Proceedings (A)(2) pertain to

witnesses

c. Form Example - See Appendix F.

Criminal Procedure

Judicial Assignment Judge assigned upon case initiation pursuant to Northeast Judicial District Local Rule 1.

In criminal cases, the notification of the assigned Judge should be sent to the parties as part of the first

scheduling order issued by the clerk in the case. This would typically be the notice of arraignment or

trial date on a misdemeanor offense(s), or preliminary hearing in a felony case.

Scheduling Order/Notices/Prepared and filed by the assigned judge in criminal matters.

Civil Procedure

Judicial Assignment Judge assigned upon case initiation pursuant to Northeast Judicial District Local Rule 1 and refer to

memo issued by the Presiding Judge dated 08/31/17 – See Appendix G.

In civil cases, the notification to the parties of the assigned Judge should be sent immediately after the

filing of the complaint if the parties are known to the clerk. If the defendant address is not provided to

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the clerk, then notification to the known parties will be made 25 days after the complaint is filed. If the

defendant address is not known to the clerk until a later date than described, then notification to the

defendant will be mailed within 10 days of the clerk being notified of the required information.

Rule 16 Hearings Rule 16 hearings will be scheduled by the judge’s office.

Rule 8.3 The Northeast Judicial District will follow North Dakota Rules of Court 8.3 which states joint

informational statements need to be filed and parties should follow the requirements of Rule 8.3. The

enforcement of these documents will be at the discretion of each individual judge.

Probate Procedure

Informal Probate Clerks may sign all informal probate documents in accordance with N.D.C.C. 30.1-02-06 which allows

the clerk, without a written order of the court, to “sign all appropriate documents in uncontested

informal probate matters” if certain requirements are satisfied. However, the documents may also be

referred to the master calendar judge for signature. General practice is the judges sign the informal

probates, however, the clerk of court is allowed to sign.

Juvenile Procedure

Please refer to:

NDCC Chapter 27-20 - Juvenile Court Act

Supreme Court Administrative Policy 409 - Juvenile Court Time Standards

Administrative Rule 12

North Dakota Rules of Juvenile Procedure

Jury Management Procedure State Court Administration provides Jury Management System (JMS) software that must be utilized by

all clerk offices. Clerks will follow the Jury Selection Procedure (Administrative Rule 9) along with the

Jury Selection Plan and Appendix attached to AR9.

A juror qualification form and summons (one-step method) should be mailed to prospective juror four to

six weeks prior to the trial report date, along with a self-addressed stamped envelope. For those counties

using the two-step method, the possible trial dates should be included in the comments on the first

summons form mailed. Then, the date-certain Summons should be mailed to the prospective jurors at

least two weeks prior to trial date.

Excusing citizens from jury panel – refer to the memo issued by a Presiding Judge dated May 24, 2019 -See

Appendix H.

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Number of Jurors need to report for voir dire should be equal to the number of jurors needed + alternates

+ peremptories allowed + two. (See Jury Selection Plan, section 10):

For felony-level criminal cases alleging Gross Sexual Imposition, Murder, Assault, Theft, Controlled

Substance or Driving Under the Influence Number of jurors summoned = the number of jurors needed + the number of alternates

needed + the total number of peremptories allowed+ 8

For all other criminal and civil cases Number of jurors summoned = the number of jurors needed + the number of alternates

needed + the total number of peremptories allowed+ 4

High profile cases (and/or at Judge’s discretion) – the judge should inform the clerk of court’s office at

least six weeks prior to the trial date of their request for prospective jurors above the standard.

At the end of the trial, the Clerk or Bailiff will distribute the NEJD juror survey to each juror. Jurors will

be asked to complete the survey prior to departing the courthouse. The clerk will then email a pdf copy

to the judge and unit 1 court administration.

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Appendix A – Local Rule 1 & 2

LOCAL RULE 1. CASE ASSIGNMENT PROCEDURE

Effective Date: August 2, 2019.

1. Purpose.This local court rule is established pursuant to Administrative Rule 2, subsections

(8) and (9) and the North Dakota Rule on Local Court Procedural Rules section 3. This

Procedure provides a mechanism for the assignment of cases in the Northeast Judicial District.

2. Procedure.

A. Automatic Assignment. The clerks of District Court in the Northeast Judicial District shall

assign a judge to all cases filed in district court based on a Master and Individual calendar

process. This process will be administered by the local District Court Judge in conjunction with

the Presiding Judge as outlined below:

(1) In Benson County, one of the district judges chambered in Devils Lake.

(2) In Bottineau County, the district judge chambered in Bottineau.

(3) In Cavalier County, the district judge chambered in Cavalier/Langdon.

(4) In McHenry County, the district judge chambered in Rugby.

(5) In Pembina County, the district judge chambered in Cavalier/Langdon.

(6) In Pierce County, the district judge chambered in Rugby.

(7) In Ramsey County, one of the district judges chambered in Devils Lake.

(8) In Renville County, the district judge chambered in Bottineau.

(9) In Rolette County, the district judge chambered in Bottineau.

(10) In Towner County, the district judge chambered in Rugby.

(11) In Walsh County, the district judge chambered in Grafton.

B. If the need arises, this automatic assignment procedure may be adjusted by the presiding

judge in conjunction with local district judges.

3. Effective Date. The effective date of this local court rule is August 2, 2019.

Adopted effective January 2, 1995; amended January 2, 2000, amended effective August 2,

2019.

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LOCAL RULE 2. CASE REASSIGNMENT PROCEDURE

Effective Date: August 2, 2019.

Alternative Assignment.

1. Procedure. This local rule is adopted to provide a district-wide procedure for reassignment of

selected cases in compliance with Administrative Rule 2, (9) and (10).

If a demand for change of judge is properly filed and is timely, in accordance with section 29-

15-21, N.D.C.C., and that judge is not the presiding judge; or a recusal is filed by any judge, an

alternative assignment will be given based on an assignment roster maintained in the offices of

the presiding judge.

If the presiding judge has filed a recusal, or if a demand for change of judge is filed against the

presiding judge, the clerk of district court in the county of venue shall refer the case to the

designated acting presiding judge appointed pursuant to Administrative Rule 2(6), for

reassignment of the case among the judges of the district, unless a recusal or demand for change

of judge has previously been filed against the designated acting presiding judge, in which case

the clerk of district court in the county of venue shall refer the case to an alternate acting

presiding judge for reassignment.

If all district judges are unable to preside, the presiding judge or designee shall refer the case to

the clerk of the Supreme Court for reassignment by the chief justice.

2. Effective Date. The effective date of this local court rule is August 2, 2019.

Adopted effective January 2, 1995; amended January 2, 2000, amended effective August 2,

2019.

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Appendix B – Odyssey Session Creation Practice by County

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Appendix C – Individual Calendar Scheduling by County (Includes Case

Assignment Information for Benson and Ramsey County)

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Appendix D – Demand for Change of Judge Assignment

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Appendix E – Order Regarding Expanded Media Coverage

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Appendix F – ITV Consent Form

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Appendix G – Memo of Presiding Judge

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Appendix H –Delegation of Duties to Clerk of Court – Jury Selection Procedure

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